Can you sue someone for false accusation?
Oscar, you sound like me in someways. I don't like to be accused of things I didn't do, and will go to great lengths to prove I am correct. Yes you can sue him or her. You can pretty much sue anyone you like. But it doesn't mean you are going to win. Chances are you are going to lose. And since you are the plaintiff, the burden of proof is on you. It won't be an issue of whether or not you damaged his car. You will have to prove, to the judge's satisfaction, that the person maliciously slandered your name. If the guy believes you did actually damage his car, even if you know you didn't, but he believes you did then there is no malice. In other words, you would be taking a day off work to sit in a court room. You would lose wages for that day. And if the defendant wins, you could end up paying his court costs. He may also use this as an opportunity to sue you for the damages he believes you did to his vehicle. My advice? Let it go!
Can i sue someone for making a false accusation to children's protective services?my wife and i were cleared.
In most states, reporting a crime is HIGHLY protected speech. In some states, it is referred to as the "litigation privilege" and also protect you from being sued because of your testimony. Because the claim would be based on state law, you should really speak with a location attorney instead of relying on the advice in this forum. Your potential claims are defamation and malicious prosecution.
Can you sue someone for falsely accusing you of a crime?
You can sue for a lot of things. First off you can sue the complaining party for making the false allegations--if spoken you sue for slander if written you sue for libel, both are forms of defamation of character. You also sue that person for abuse of process--i.e. making false statements to authorities causing them act. You might also sue the arresting authority, this is tougher, but if you can show they didn't investigate or investigated poorly and could have discovered that the allegations were untrue or knew them to be untrue, you might also get them for violating your civil rights. You need a good attorney to do this. Contrary to what others are saying your damages are not just the debts incurred, you would be intitled to damages for your deprivation of liberty as well and since this also amounts to false imprisonment and other tortious or even criminal conduct, if you win you are entitled to punitive damages as well--classically measured at 3 to 5 times the debt incurred. I would go after these characters like a bull dog. You should realize that it will be harder to get at the authorities involved since their actions have a presumption of sovereign immunity...you first have to show that they either acted outside their authority or acted within it knowing the claims to be untrue. A harder burdent to prove, but the person who made them act with untrue allegations could be in a heap of trouble. But remember, anything he said would be okay if it turns out to be the truth. --Lawyer here
What should I do if someone falsely accuses me of theft?
I am a jeweler and I was going to a very rich client's house to handstring her very expensive pearls. She knew I had a shop at home to solder and metalwork and several times she asked me to take silver pieces home to work on. Once she asked me to take two turquoise rings home to turn into earrings. I didn't have the time because I was working on something else for her so I told her I would pick them up later. She put them away in a box with some beads and I saw her do this.Later she asked for the rings and I told her I didn't have them. Then she accused my husband of taking them. Then she accused me, but she would not listen to me when I tried to explain where the rings were because she had put the away in a different box than usual. So I finally got angry and said, “okay, you say I'm a thief then I'm a thief and I stole your rings.”We had been good friends. I knew one day she would find them which she did. Then she had to apologize to me, but I just couldn't trust her anymore and I never worked for her again. It ruined our friendship. Next time, people should do more listening instead of accusing.
Can you sue someone that has falsely accused you of child abuse?
I have relative that I can't stand. This person to get back at me became close to my wife and alignated her. Our marriage fell apart and she divorced me. This same relative had my young daughter draw dirty pictures of me and called the state social services. My parental rights are now threatened. My entire family knows this is BS and will testify on my behalf if necessary. If my attorney (who knows this is case is utter crap) can prove that that this was coached or proded out my daughter can I sue her? i think this will be the only thing that might stop this sick and reckless witch HELP!!
In Florida can you sue someone for false accusation to DCFS?
An ex-wife called Children & Family Services to make false accusations just to stir up trouble with ex-husbands new girlfriend & her family. All charges were proved false and unfounded and the case dropped, with apologies from 2 counties. Can we sue her for Deflamation of Character, or whatever, for the minor she accused, his parents, sister and the boyfriend. It was 7-8 weeks of pure hell and embrassment for all concerned. She has a pretty bad past and was trying to make us pay for her stupidity. I would like to know if Florida laws would let us sue her or something for what she did. We have only lived here since August 23, 2007 and less than 2 weeks later she called DCFS with her lies. We are just courious because this has never happened to us before and she should not be allowed to do this to my son, my husband, myself, and my daughter and her boyfriend, and his kids. Any answer or help would be appreciated in this mess.thank you for your help
Can you sue some one for falsely accusing you of having affair?
She can't sue anybody if she doesn't know who they are